[Senate Report 111-262]
[From the U.S. Government Publishing Office]
Calendar No. 532
111th Congress Report
SENATE
2d Session 111-262
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MINUTEMAN MISSILE NATIONAL HISTORIC SITE BOUNDARY MODIFICATION ACT
_______
August 5, 2010.--Ordered to be printed
_______
Mr. Bingaman, from the Committee on Energy and Natural Resources,
submitted the following
R E P O R T
[To accompany S. 2726]
The Committee on Energy and Natural Resources, to which was
referred the bill (S. 2726) to modify the boundary of the
Minuteman Missile National Historic Site in the State of South
Dakota, and for other purposes, having considered the same,
reports favorably thereon with an amendment and recommends that
the bill, as amended, do pass.
The amendment is as follows:
1. On page 2, strike lines 5 through 18 and insert the
following:
``(3) Visitor facility and administrative site.--
``(A) In general.--In addition to the
components described in paragraph (2), the
historic site shall include a visitor facility
and administrative site located on the parcel
of land described in subparagraph (B).
``(B) Description of land.--The land referred
to in subparagraph (A) consists of
approximately 25 acres of land within the
Buffalo Gap National Grassland in South Dakota
as generally depicted on the map entitled
`Minuteman Missile National Historic Site
Boundary Modification', numbered 406/80,011,
and dated July 17, 2009.
``(C) Availability of map.--The map described
in subparagraph (B) shall be kept on file and
available for public inspection in the
appropriate offices of the National Park
Service.
``(D) Transfer of administrative
jurisdiction.--Administrative jurisdiction over
the land described in subparagraph (B) is
transferred from the Secretary of Agriculture
to the Secretary, to be administered as part of
the historic site.
``(E) Boundary adjustment.--The boundaries of
the Buffalo Gap National Grasslands are
modified to exclude the land transferred under
subparagraph (D).''.
Purpose
The purpose of S. 2726 is to modify the boundary of the
Minuteman Missile National Historic Site in the State of South
Dakota.
Background and Need
In 1999, Congress established the Minuteman Missile
National Historic Site in South Dakota to recognize the
significance of the Minuteman Intercontinental Ballistic
Missile (ICBM). The ICBM was developed during the Cuban missile
crisis of 1962 and played a critical role in the Cold War arms
race as America's first ``push-button'' nuclear missile.
The U.S. Air Force deployed over 1,000 Minuteman missiles
in underground silos throughout the central states during the
Cold War. With the collapse of the Soviet Union, the Cold War
effectively ended, and in 1991, the two countries signed the
Strategic Arms Reduction Treaty (START). This agreement
required that all Minuteman missiles be deactivated, including
the missiles at Ellsworth Air Force Base in South Dakota.
In 1993, the National Park Service and the Air Force
entered into a cooperative agreement to temporarily preserve
two Minuteman sites, the Delta One and Delta Nine sites at
Ellsworth Air Force Base. The Air Force simultaneously
requested and funded a Special Resource Study to assess the
suitability and feasibility of adding the sites to the National
Park System. After finding that the sites fit the criteria,
Congress enacted the Minuteman Missile National Historic Site
Establishment Act of 1999 (Public Law 106-115). S. 2726
modifies the park boundary to include land, currently
administered as part of the Buffalo Gap National Grasslands, on
which to establish a visitor facility and administrative site.
Legislative History
S. 2726 was introduced by Senator Johnson on November 4,
2009. The Subcommittee on National Parks held a hearing on S.
2726 on December 3, 2009. The Committee on Energy and Natural
Resources considered the bill and adopted an amendment at its
business meeting on June 16, 2010. The Committee ordered S.
2726 favorably reported with the amendment at its business
meeting on June 21, 2010.
Committee Recommendation
The Senate Committee on Energy and Natural Resources, in
open business session on June 21, 2010, by voice vote of a
quorum present, recommends that the Senate pass S. 2726, if
amended as described herein.
Committee Amendment
During its consideration of S. 2726, the Committee adopted
an amendment. The amendment makes technical changes to section
2(3), adds a subparagraph that transfers administrative
jurisdiction over the 25-acre site on which the visitor
facility and administrative offices are to be located from the
Secretary of Agriculture to the Secretary of the Interior, and
modifies the boundaries of the Buffalo Gap National Grassland
to exclude the site from the National Grassland boundaries.
Section-by-Section Analysis
Section 1 provides the short title, the ``Minuteman Missile
National Historic Site Boundary Modification Act.''
Section 2 amends section 3(a) of the Minuteman Missile
National Historic Site Establishment Act (Public Law 106-115;
16 U.S.C. 461 note) to include in the historic site the 25-acre
site on which the visitor facility and administrative offices
are to be located, and includes a map reference to describe the
transferred lands. Administrative jurisdiction over the site is
transferred from the Secretary of Agriculture to the Secretary
of the Interior, and the boundaries of the Buffalo Gap National
Grassland are modified to exclude the site.
Cost and Budgetary Considerations
The following estimate of costs of this measure has been
provided by the Congressional Budget Office:
S. 2726--Minuteman Missile National Historic Site Boundary Modification
Act
S. 2726 would approve the transfer of administrative
jurisdiction of 25 acres of the Buffalo Gap National Grasslands
from the Forest Service to the National Park Service (NPS). The
NPS would use the land for a visitor center and administrative
site for the Minuteman Missile National Historic Site in South
Dakota.
Based on information provided by the NPS, CBO estimates
that implementing S. 2726 would have no significant effect on
the federal budget. Authority to transfer the land and build
and operate a facility was provided in the legislation that
established the park unit in 1999. At that time, CBO estimated
that the cost of constructing the facility would be about $5
million. That amount has already been appropriated for the
project. Because the legislation does not affect direct
spending or revenues, pay-as-you-go procedures would not apply.
S. 2726 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act and
would impose no costs on state, local, or tribal governments.
The CBO staff contact for this estimate is Martin von
Gnechten. The estimate was approved by Theresa Gullo, Deputy
Assistant Director for Budget Analysis.
Congressionally Directed Spending
S. 2726, as ordered reported, does not contain any
congressionally directed spending items, limited tax benefits,
or limited tariff benefits as defined in rule XLIV of the
Standing Rules of the Senate.
Regulatory Impact Evaluation
In compliance with paragraph 11(b) of rule XXVI of the
Standing Rules of the Senate, the Committee makes the following
evaluation of the regulatory impact which would be incurred in
carrying out S. 2726.
The bill is not a regulatory measure in the sense of
imposing Government-established standards or significant
economic responsibilities on private individuals and
businesses.
No personal information would be collected in administering
the program. Therefore, there would be no impact on personal
privacy. Little, if any, additional paperwork would result from
the enactment of S. 2726.
Executive Communications
The testimony provided by the National Park Service at the
December 3, 2009 Subcommittee hearing on S. 2726 follows:
Statement of Katherine H. Stevenson, Assistant Director, Business
Services, National Park Service, Department of the Interior
Mr. Chairman, thank you for the opportunity to appear
before your committee to present the views of the Department of
the Interior on S. 2726, a bill to modify the boundary of the
Minuteman Missile National Historic Site in the State of South
Dakota.
The Department supports S. 2726 with some technical
amendments included at the end of this statement.
S. 2726 would authorize the Secretary to transfer 25 acres
of Buffalo Gap National Grasslands from the U.S. Forest Service
to Minuteman Missile National Historic Site in Philip, South
Dakota, to establish a visitor facility and administrative
site. The new facility would be located north of exit 131 on
Interstate 90 in Jackson County, South Dakota. Minuteman
Missile's enabling legislation states, ``On a determination by
the Secretary of the appropriate location for a visitor
facility and administrative site, the boundary of the historic
site shall be modified to include the selected site.'' The
enabling legislation also included a map of the visitor center
site indicating that the proposed area would be 10 acres in
size. Later planning indicated that a minimum size for the
visitor center site would require 25 acres. National Park
Service and U.S. Forest Service personnel, in consultation with
our respective lawyers, have discussed that in view of the
increase in acreage, it would be appropriate to provide for
that increase in new legislation. There would be no cost
involved in this land transfer.
The U.S. Forest Service (Buffalo Gap National Grassland) is
in agreement with the recommended land transfer and has
provided Minuteman Missile NHS with an outline of the land
transfer process. The National Park Service's Midwest regional
architects and engineers conducted an on-site visit in March
2009 with the Minuteman Missile NHS staff to determine the
number of acres necessary for the land transfer. The National
Grassland representatives met with representatives from the
National Park Service to discuss the proposed land involved in
the transfer and the U.S. Forest Service has agreed to the
transfer of 25 acres. We note that the U.S. Forest Service also
has identified the Bankhead Jones Farm Tenant Act of 1937 as
another possible vehicle for this transfer.
Public Law 106-115 established the Minuteman Missile
National Historic Site. The General Management Plan/
Environmental Impact Statement (GMP/EIS) scoping began in 2001
and the record of decision was signed on July 2, 2009. The
GMP's preferred alternative included the development of a
visitor center/administrative facility and a land transfer from
the U.S. Forest Service to the National Park Service for the
site of the facility. The GMP recommended the preferred
location at I-90 South Dakota Exit 131 with ``up to'' 25 acres
for the complete facility.
The estimated cost to build the visitor center and
administrative site is $4.7 million, and the estimated cost to
annual operate and maintain both facilities would be
approximately $750,000. All funds would be subject to NPS
priorities and the availability of appropriations.
The transfer between the National Park Service and the U.S.
Forest Service would be conducted in accordance with applicable
laws, regulations, and policies.
Mr. Chairman, this concludes my testimony. I look forward
to working with the Committee on these amendments and other
technical issues. I am prepared to answer any questions from
members of the Committee.
proposed amendments to s. 2726, the minuteman missile national historic
site boundary modification act
Page 2, line 2, by striking `` respectively; and'' and
inserting ``respectively;''
Page 2, line 6, by inserting ``also'' after ``historic
site''.
Page 2, line 18, by striking ``2009'.'' and inserting
``2009'; and''
Page 2, after line 18, by inserting
(3) in section (3)(a)(3), as redesignated by
paragraph (1), by striking ``(4) Availability of map.--
The map described in paragraph (2)'' and inserting
``(4) Availability of maps.--The maps described in
paragraphs (2) and (3)''
_(4) in section (3)(e)(1), by striking ``Except as
provided in paragraph (2)'' and inserting ``Except as
provided in paragraphs (2) and (3)''.
_(5) in section (3)(e), by adding a new paragraph (3)
as follows:
(3) The Secretary of Agriculture shall transfer
administrative jurisdiction over the lands described in
paragraph 3(a)(3) to the Secretary, and shall modify
the boundaries of the Buffalo Gap National Grassland to
exclude the transferred lands from the grassland
boundaries. As soon as practicable after the transfer,
the Secretary shall prepare a map and a legal
description of the lands described herein, which shall
be on file and available for public inspection in the
appropriate offices of the National Park Service.
Changes in Existing Law
In compliance with paragraph 12 of rule XXVI of the
Standing Rules of the Senate, changes in existing law made by
the bill S. 2726, as ordered reported, are shown as follows
(existing law proposed to be omitted is enclosed in black
brackets, new matter is printed in italic, existing law in
which no change is proposed is shown in roman):
MINUTEMAN MISSILE NATIONAL HISTORIC SITE ESTABLISHMENT ACT OF 1999
(Public Law 106-115; Approved November 29, 1999)
AN ACT To establish the Minuteman Missile National Historic Site in the
State of South Dakota, and for other purposes.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
* * * * * * *
SEC. 3. MINUTEMAN MISSILE NATIONAL HISTORIC SITE.
(a) Establishment.--
(1) In general.--The Minuteman Missile National
Historic Site in the State of South Dakota (referred to
in this Act as the ``historic site'') is established as
a unit of the National Park System.
(2) Components of site.--The historic site shall
consist of the land and interests in land comprising
the Minuteman II ICBM launch control facilities, as
generally depicted on the map referred to as
``Minuteman Missile National Historic Site'', numbered
406/80,008 and dated September, 1998, including--
(A) the area surrounding the Minuteman II
ICBM launch control facility depicted as
``Delta 1 Launch Control Facility''; and
(B) the area surrounding the Minuteman II
ICBM launch control facility depicted as
``Delta 9 Launch Facility''.
(3) Visitor facility and administrative site.--
(A) The historic site shall also include a
visitor facility and administrative site
located on the parcel of land described in
subparagraph (B).
(B) The land referenced in subparagraph (A)
consists of approximately 25 acres of land
within the Buffalo Gap National Grasslands in
South Dakota as generally depicted on the map
entitled ``Minuteman Missile National Historic
Site Boundary Modification'', numbered 406/
80,011 and dated July 17, 2009.
(C) Administrative jurisdiction over the land
described in subparagraph (B) is hereby
transferred from the Secretary of Agriculture
to the Secretary, to be administered as part of
the historic site. The boundaries of the
Buffalo Gap National Grassland are modified to
exclude the transferred lands from the National
Grassland boundaries. The map referenced in
subparagraph (B) shall be kept on file and
available for public inspection in the
appropriate offices of the National Park
Service.
[(3)] (4) Availability of map.--The map described in
paragraph (2) shall be on file and available for public
inspection in the appropriate offices of the National
Park Service.
[(4)] (5) Adustments to boundary.--The Secretary of
the Interior (referred to in this Act as the
``Secretary'') is authorized to make minor adjustments
to the boundary of the historic site.
* * * * * * *